The Traffic Accident Damages Of "guo Mou"

With the sustainable growth of the quantity of motor vehicle in our country, when we enjoy the convenience of the motor vehicle at the same time, we also face the traffic accident which leads to huge personal injury and property damages. The focus of dispute is that who is the subject of compensation for damages and who should pay for the victims.Guo Moumou compensation for damages of motorcycle accident occurred in Changsha City Puyuan overpass bridge on 1 am April 29, 2014,whether Guo Moumou and the driver Zhang Moumou had borrow relationship, whether the actual holder of vehicle Guo Moumou and register proprietor Liu Moumou became the subject of compensation liability; whether the dead Chen Moumou was the "third person" of compulsory liability insurance of traffic accident, whether the company which the vehicle paid accident insurance is the subject of compensation liability. Prosecutor and defendant had intense discussion in court around aforementioned focus issues. All sector of society are very concerned about the progress of the case, and also present different ideas about focus issues, triggering a fierce collision of ideas.China’s current legislation of traffic accident damages responsibilities and liability subject are from the abstract to the concrete,and the general regulations to detailed regulations.Even "Tort Liability Act" sets up a special section of the accident compensation,it is still not define liability subject particularly. Just take on some typical accidents to typed list, neither defined the meaning of traffic accidents compensation liability for damages clearly, nor establish the criteria of liability subject in traffic accident practically, and still use abstract concepts,like "the side of motor" and "the party at fault" in " Road Traffic Safety law ".As the "Party" contains what subjects does not regulate specifically,it can not fix the complex case in traffic accidents,and we have no idea when meet more complicated cases than typed list.The main problems of liability subject identification in practice are the legal location ambiguity of liability subject,too much emphasis on the protection of pedestrians, non-motor vehicle driver’s interests, ignoring the interests of owners, "dualism theory" has no uniform standard in judicial practice,the definition of "the third man" is blurred.Therefore,to make traffic accidents damages legislative more prefect, we should take measures from the following three aspects:first,unify liability subject′t appellation;second, determine the "dualism theory" criteria which suit China’s condition;third, perfect the standard of "the third person".